Question Presented Was the covenant not to compete signed by David Prime, enforceable under Arkansas case law as of December 31, 2004 when: (1) it restricted him from working in “the business” of developing, manufacturing and commercializing related products and services like that of GWI; (2) he was restricted to the geographic region of Little Rock Arkansas and (3) when he was given a time restriction of 18-months? Short Answer No. For cases regarding the enforceability of covenants not to compete, the courts look at geographic and time factors to determine reasonableness and enforceability. When one area of the covenant not to compete is found to be unreasonable, the entire covenant not to compete is unenforceable. See Quality for example . In evaluating whether the geographical restrictions in a covenant not to compete are overly broad, Arkansas courts consider the following factors: (1) trade area of the employer; (2) employee’s ability to work elsewhere; (3) if its restriction affects the public interest and (4) the clarity of the restriction. When evaluating whether the time restrictions in a covenant not to compete are reasonable, the Arkansas court considers factors such as: (1) impact on ability to make a living; (2) time anticipated for training of new employees; (3) information becoming antiquated and 4) potential money loss of the company. The most relevant factors to be evaluated are trade area; ability to find work; ability to make a living and time
The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.
The Constitutional Convention of 1787 was held to address problems in governing the United States which had been operating under the Articles of Confederation since it’s independence from Britain. Fifty-five delegates from the states attended the convention to address these issues. The delegates consisted of federalists who wanted a strong central government to maintain order and were mainly wealthier merchants and plantation owners and anti-federalists who were farmers, tradesmen and local politicians who feared losing their power and believed more power should be given to the states. The Constitutional Convention dealt with the issue of the debate between federalists and anti-federalists. The debates, arguments and compromises
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and
On July 3rd, 1776, the Second Continental Congress unanimously declared the independence of the thirteen United States of America from Great Britain. Determined to unify the thirteen colonies, the Continental Congress adopted the Articles of Confederation and Perpetual Union, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. Although the articles did not prevent the United States from winning independence, the innate flaws of the articles became apparent in the years following the revolution. The problems of the weak, purely legislative national government became too prevalent for agents of the revolution, such as James Madison and George Washington. Madison and Washington were strong supporters of a federal, or national, constitution, and on June 21, 1788, congress ratified the Constitution of the United States. And in doing so, violated the “Revolutionary Ideology” and the will of the American people.
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
When the Founding Fathers wrote the Constitution in 1787, the United States just had 13 states. The Founding Fathers believed that more states would want to join the Union in the future. They saw that it would be significant for new states to have the same form of government as the original states had. Since then there are now over 50 states that have similar characteristics which were developed centuries ago; although, resembling the creation of new ideas and inventions, current state government had many problems from being the way it is today, it also has many important features that benefit many people, as well as plays an important role in how American democracy and government works.
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
The Constitution Convention was made, some of compromise which was balancing power between the federal government and state government in 1787. Because of some issues was emerging at a constitution convention like lager and small states those the key compromises helped to create a perfect constitution of the united states.
In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.
The Mayflower Compact of 1620, a document based on the Magna Carta of 1215, established what would be the basic laws and morals for the first American Colonists. Colonists were then subjects of the British Monarchy, and expansion to The Americas was beneficial to England’s fast growing empire. The eventual expansion of the thirteen colonies (classified as the Northern, the Middle, and the Southern Colonies) allowed English expansion of trade. However, in 1770, Colonists revolted against England in a sequence of deliberate acts, such as the Tea Act and the Stamp Act, mainly involving unnecessary taxation of Colonists. Rising tensions eventually resulted in a Revolutionary War between England and the Colonies; The Thirteen Colonies won the war. It was the Treaty of Paris (1783) that finally ended all ties with Britain; America would claim its identity as its own.
On April 26, 1852 the South Carolina State, justified its intentions to secede from the United States due to the increased violations of the Constitution by the Federal Government as well as its limitation on the reservation rights within the States. In 1860 after Abraham Lincoln election the South thought that the government was becoming too powerful, which led South Carolina to secede as the first state from the United States Union. However, remaining as part of the United States would be the best resolution for South Carolina.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions
The Old and New Covenant emphasize the need for government and justice to protect the right of citizens because of doing wrong (Fischer, 2016, slide 10). Therefore, government have limited power because of correction and citizens are held accountable for their actions. An innocent defendant that appears to be guilty, due to the evidence presented by the prosecutor may choose to accept a plea bargain. A defendant that accepts the plea bargain waives the right to a trial granted by the Sixth Amendment. The defendant waives the right to counsel, speedy and public trial be for an impartial jury in the jurisdiction in which the crime was committed, and the related right to confronting hostile witnesses (Hendrix, 2013, p. 90). The defense attorney
Under Indiana law, can a covenant not to compete be enforced when it restricted the employee from performing activities “substantially similar” to the activities performed for the employer; when the restriction period lasted for two years after termination of employment; when it restricted the employee from competing within Allen county and six adjacent counties; when it restricted the employee from performing activities for current clients of the employer; when it restricted the employee from serving in any position “affiliated with any business engaged in direct competition with the employer”; when it defined “any business engaged in direct competition with the employer” as “providing information technology services or support to individual or business customers”; when the employee had access to the employer’s